90-day Immediate Roadside Prohibitions

Sarah has been defending Immediate Roadside Prohibitions (IRPs) since the law was first introduced in 2010. She understands the devastating consequences that a 90-day driving prohibition can have for a person. Sarah has defended thousands of clients and has developed unique arguments on these cases. Sarah has been successful in defending IRP’s where individuals have provided a breath sample that result in a ‘warn’ or ‘fail’ reading and in circumstances where individuals have failed or refused to provide breath samples altogether.

Sarah is currently handling numerous IRP appeals in the BC Supreme Court. Since 2010, she has secured the return of drivers licenses for hundred of clients in B.C. She has also been successful in having driving prohibitions revoked on supplementary reconsideration by the Attorney General and returned for a new review. Sarah was responsible for a BC Supreme Court action that sent 1,200 Immediate Roadside Prohibition files back to the Office of the Superintendent of Motor Vehicles for a re-review.

From my clients

“I hired Sarah for an IRP I received. She was completely straightforward, honest and concise as to the process and what it takes. I felt completely comfortable with her knowledge and the process she described. Her assistant was also amazing and returned my emails extremely fast. I would highly recommend anyone who needs a lawyer to contact Sarah and don’t think twice! #wewon!!”

“Sarah is amazing. When I got my IRP I was devastated and didn’t know how I would carry on with my daily life being a working student. I called her and right away she started my review. She was so easy to talk to and very trustworthy. I am beyond thankful for her work.”

“I just want to thank you for solving my case. Your wisdom and skills...are beyond what I have ever expected. I am really pleased with the result. I am also very impressed by your excellent attitude in helping clients. From this experience, I would be privileged and honoured to recommend you to all of my friends if they need legal service. Overall, you are a true inspiration. My respect for lawyers has been established to a whole new level.”

Sarah personally handles her clients’ cases from beginning to end. She gives each case the time and attention necessary to find the right defence. She explores all possible angles in driving prohibition cases to make the most thorough argument in order to get your license back. She has the skills and expertise needed to successfully defend your case and get your life back on track.

FAQs

What is a 90-day Immediate Roadside Prohibition?

A 90-day Immediate Roadside Prohibition is an administrative driving prohibition issued under the Motor Vehicle Act. It is effective immediately, meaning that your license is revoked on the spot. It comes with other serious consequences too, such a monetary fines and referrals to remedial programs. The vehicle that you were driving will also be towed and impounded for a period of 30 days.

Can I dispute a 90-day Immediate Roadside Prohibition?

Yes – but you only have seven days to do it, so act quickly! If you miss the seven day deadline, there is nothing else that can be done.

How do I dispute a 90-day Immediate Roadside Prohibition?

In order to dispute a 90-day Immediate Roadside Prohibition, you must attend an ICBC Driver’s Licensing Center to file a review. If you are unable to do this, a lawyer can file the review on your behalf.

How does the review process work?

When you file for your review, you will have to decide between having either an oral review or a written review. Once you have decided this, you will have to pay the applicable fees and will be given a date and time. This is the date and time when your review hearing will take place. You will also be provided with the police disclosure in order to help you prepare for your hearing.The review will be conducted before an adjudicator at RoadSafetyBC. If it is an oral review, it will be conducted over the phone. If it is a written review, you will have to make sure that you submit the written materials that you wish the adjudicator to consider in advance of the review date.

What consequences will I face as a result of my 90-day Immediate Roadside Prohibition?

In addition to a 90-day driving ban, you will have your vehicle impounded for a period of 30 days. You will be responsible for paying the towing and storage fees associated with this. You will also have to pay a $500.00 fine. When you are eligible to renew your license, you will face an additional $250.00 license reinstatement fee. You will receive a referral to the Responsible Driver’s Program, which is an in-person counselling course, and the Ignition Interlock Program, which is a device that is installed in any vehicle that you operate for a period of one year. These programs are costly and stigmatizing. All in all, a 90-day Immediate Roadside Prohibition can cost upwards of $4,000.00.

Defending a 90-day Immediate Roadside Prohibition is not easy. It takes specialized knowledge and an understanding of the law. You should not go it alone. In order to get a realistic idea of your chances, you should consult with a lawyer. A lawyer will be able to review your police disclosure and give you a professional, legal opinion as to whether or not you may be successful on review.

What kind of arguments can I make on review?

Each case depends on its own circumstances, but there are numerous legal defences that may be available to you. Sometimes the defence has to do with the manner in which the officer completed their report and whether they are any errors in the paperwork. Sometimes it has to do with the devices that you blew into it and whether they were accurate or properly maintained. Other times it has to do with what happened in the moments leading up to your encounter with police or observations that the police officer made on the scene. At the end of the day, you will only know what defences and arguments are available to you by obtaining a copy of your police disclosure and having an experienced driving lawyer review it.

I might lose my job as a result of my 90-day Immediate Roadside Prohibition. Will the Superintendent consider that in deciding whether to revoke it or not?

No. Your personal circumstances are not a factor for consideration on review. You cannot argue hardship. You can only advance legal arguments in your defence.

This is my first time and I have a clean driving record. Will the Superintendent be more lenient with me as a result of my past good behaviour?

No. Your past driving history is not a factor for consideration on review. Moreover, this legislation was designed to deal with first time offenders. It has been touted as Canada’s toughest drunk driving law for a reason.

How can a lawyer help me defend my 90-day Immediate Roadside Prohibition?

An experienced driving lawyer has the tools, skills and knowledge necessary to identify viable defences in your case and to put them forward in a comprehensive and intelligible manner. A lawyer will help you file the review, go over the police report, prepare necessary documents like affidavits and forensic reports, conduct legal research and gather precedents. They will also conduct the hearing on your behalf.

Will I look guilty if I get a lawyer to help me defend my 90-day Immediate Roadside Prohibition?

No. You have a right to be represented by counsel at your review hearing. It won’t make you look guilty – it will make you look smart.

The infraction will be removed from your ICBC driving record. You will be able to get your license back and you won’t have to pay any fines or fees in order to do so. You can also get your vehicle back from towing and storage. The government will pay for the costs associated with the towing and storage of it, so you don’t have to worry. You will not be referred to any remedial programs and your insurance premiums will not increase.

When will I know if the dispute of my 90-day Immediate Roadside Prohibition was successful or not?

You will receive a decision within 21 days from the date that you were issued your prohibition.

How much will this cost me?

In order to file a review at ICBC, you must pay a fee. If you file a written review, that fee is $100.00. If you file an oral review, it is $200.00. These are ICBC fees that cannot be waived. Legal fees will depend on the case and what sort of work needs to be done, but consultations are always free.